PURSUANT TO CALL A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF HENRIETTA, COUNTY OF MONROE, STATE OF NEW YORK, WAS DULY HELD AT THE HENRIETTA TOWN HALL, 475 CALKINS ROAD, HENRIETTA, NEW YORK ON THE 17th DAY OF  JUNE 2015 AT 7:00 P.M. RESOLUTION #13-176/2015  On Motion of Councilman Breese  Seconded by Councilwoman Zinck  WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Henrietta on the 3td day of June, 2015, calling for a Public Hearing to be held by the Henrietta Town Board on the 17th day of June, 2015, at the Henrietta Town Hall, 475 Calkins Road, Henrietta, NY, at 7:00 PM, to hear all interested parties on a proposed Local Law to amend the Henrietta Town Code By Adding Provisions Relating to the Reimbursement of  Consultant and Professional Fees, and  WHEREAS, notice of said Public Hearing was duly advertised in accordance with law, WHEREAS, said Public Hearing was duly held at the Henrietta Town Hall on the 17th day of June, 2015, at 7:00 PM, and all parties in attendance were permitted an opportunity to speak on behalf of ori in opposition to said proposed Local Law, or any parts thereof, and WHEREAS, the Town Board of the Town of Henrietta, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, specifically in that the Local Law will permit the Town of Henrietta to recoup its expenses directly from applications in relation to WHEREAS, the Town Board of the Town of Henrietta finds that the Henrietta Town THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Henrietta that the Town Board hereby adopts said Local Law No. 4 of 2015, To Amend the Henrietta Town Code by Adding Provisions Relating to the Reimbursement of Consultant and Professional Fees, as set forth in the attached Local Law, which is Incorporated herein. BE: IT FURTHER RESOLVED, that the Town Clerk of the Town of Henrietta be and hereby is directed to enter said Local Law into the Minutes of this Meeting and to give due notice of the adoption of said Local Law to the! Secretary of State of the State of New York, and said Law shall take effect immediately upon filing with the Secretary of State.  and  the' Town's review of land use and related applications, and Code should be amended as set forth herein.  Duly put to a vote: Councilman Mulligan Counciwoman Zinck Councliman Page Councilman Breese Supervisor Moore  voting Aye voting Aye voting Aye voting Aye voting Aye Carried    13-136/2015  LOCALIAWND.4a120ISTOAMENDTHE HENRIETTA TOWN CODE BY ADDING PROVISIONS RELATINGTOTHE REIMBURSEMENT OF CONSULTANT AND PROFESSIONAL BE IT ENACTED, by the Town Board of the' Town of Henrictta, Monroc County, State of New York, as  FEES follows:  Scction A. Authorization.  This local law is enacted under the authorily of New York Slatc Municipal Home Rulc Law, including without limitation, Subparagraphs (a)(12) and (d)(3) of the Municipal Home Rulc Law $ 10(1)() and Municipal Home Rulc Law $ 22.To the extent Townl Law S5 265, 267-b, 274-a, 274-b, 276, 277 and: 278 do not directly authorize the' Town Board, Planning Board, or Zoning Board of Appcals to requirc the reimbursement lo the" Town of consultant, prolessional, lcgal and cngincering expenses incurred by thc Town in conneclion with the revicw and consideration of any oft thc applications for the permils or approvals described in thosc stalules, iti is the expressed intent of the" Town Board lo change and supersede such statulcs. Morc particularly, such statutes do not authorize the deferral or withholding of such approvals in the event such cxpenscs arc not paid to the Town. It is thc expressed intent of the" Town Board lo change and supersede these provisions of New York State' Town Law and any other provision of New York State' Town Law or General Municipal Law to empower the Town to require such payment as  acondition to such approvals. Scction B. Tillcand Purposc.  This law shall bc known as and may be cited as Local Law No. 4 of2 2015, To Amend The Henrictta Town Code by Adding Provisions Rclaling to thc Rcimburscment of Consultant and Profcssional Fces.  Scction C.  Legislative Finding.  The" Town Board of the' Town of Henrictta, Monroc Counly, New York, is concerned about thc orderly development of landi in the' Town of Henrictta. The' Town Board hercby finds and determines that in order top prolcct and safeguard the" Town of Henrietta, its residents and their property with respect 10 land development within the' Town, alll buildings, structures, streets, highways, drainagc facilitics, sanitary sewer facilitics, water supply facilities, utilities, and parks within the" Town should bc designed and constructed in a competent and workmanlike manncr and in conformity with all applicable governmental codes, rules, regulations and laws. In order lo assure thc forcgoing, iti is essential for the Town to have competcn! consultants, profcssionals, planners, engincers and atlorncys, as appropriate, to revicw and analyze plans and designs and to make recommendalions to the' Town Board, Planning Board, and Zoning Board of. Appeals. The Town Board further finds thal the cost of retaining such compeicnt consullants, planners, engincers and attorneys should be paid by those who seck (oj profit or otherwisc gain from such developments rather than from gencral Town funds, which are raised by assessments gencrally paid by  laxpayers of the" Town.    Section D. Rcimbursement Requiremenl, Applicability.  Inc conncction with any applicalion 10 the' Town, including but not limiled to, an application for a permit, including: a special usc permil, sitc plan approval, subdivision approval, zoning amendment, variance request, rezoning application, or any other application to the Town of Henricita, the Town may employ professional consultants, legal counsel, professional engincers, professional planners, and/or other qualified prolessionals to providc assislancc and advice in thc revicw of any application, including, bul not limited l0, for example, acquiring legal advice, traffic analysis, landscaping analysis, historical analysis, architectural analysis, on-site investigation, cvaluation andi inspcction; verification ofi thc accuracy ofinformation submitted; evaluation of the adequacy of plans and the sulficiency of submitled reports; study oft thei impaci of proposals upon the resources and environment of the' Town (including SEQR), preparalion and/or review of environmental impact statements; review of the design and layout of improvements; inspcction ofi installed improvement; and other services or technical assistance as the  Town deems necessary for its review of such applications.  Section E. Escrow Deposit. 1. Costs to Be Borne by Applicant.  All costs incurred for the consulling services described hercin shall be borne by thc applicunt. A deposit may be required in: advance to cover the estimated cost of these services.  2.1 Escrow Requirement and Amounl.  Whether an cscrow deposit will bc required in advance, and the amount of money initially deposited, shall be based on the cstimated cost to thc' Town of revicwing the particular type of upplication. Thc revicwing board may consider the consullant and professional revicw expenses incurred by neighboring municipalitics in revicwing similar applications. The revicwing board may also consider the Town's past cost in revicwing similar applications. In establishing whether a deposit shall he required, and the: amount thercof, the Town may take into considcration the size, lypc and number of buildings to be constructed; thc number of lots proposed; the topography, soil conditions, and other cnvironmental conditions at such site; thei infrastructure proposed in the appliçation; any special conditions the reviewing board may deem relevant; and any other factors the Town may find relevant. Where an escrow is required, if at any time during the revicw and processing of an application there shall be insufficient monics on hand lo the credit of an: applicant to pay incurred costs, ori ifit shall reasonably appcar 10 the revicwing board that such monies will bc insuflicient 10 mcel anticipated casts, the Town shall causc the applicant to deposit additional sums as the board deems nccessary or  3. Funding of Escrow  advisable in order lo mee! such expenses or anticipated expenses.  4. Additional Fccs  Thc revicw expenses provided for hercin arc in addition to application and other fccs required pursuant t0 other applicable provisions oft the Town ofl Henrietta's laws, rules and regulations. Monies deposited by applicant pursuant 10 this section shall not be uscd to offset thc Town's gencral expenses for thes several boards or its gencral administrative expenses. Employcc cosIs are not  5.Limitation on Usc of Funds  2    reimbursable. In no cvent shall the applicant's required responsibility be greater than the actual cost lo the' Town of such enginccring, planning, legal or other consulting or profcssional services, which cost shall he reasonable such that il generally is comparable 10 costs of such services in the open market  for similar scrvices and projecis. 6. Administration of Escrow  Where an escrow account is required, the applicant shall deposil the required amoun! with the Town Clerk int the form ofa a certified check madc payablc lo thc" Town of Henrictta. Upon reccipl, the Town Clerk shall cause such monies to he placed in a scparate non-interes-bearing: account in thc name of the" Town and shall keep: a separate record of all such monies deposited and the namc of thc applicant  and project for which such sums were deposited.  Scction F.  Payment of Consultant Costs.  1. Vouchers and Billings  Upon reccipt and approval by the' Town Board ofi itemized invoices from consultants forservices rendered on behalf oft the Town regarding: a particular application, where an escrow is cslablished, the Supervisor shall cause vouchers to bc paid out of the monics so deposited. The record of such account shall be debited accordingly. Where there is no escrow requirement, the fees shall thereafter be billed on: a monthly basis and paid by the applicant within 30 days. The consultant shall makc copics of all vouchers availablc to the upplican! al the same time thc vouchers are submitted lo the" Town; copies of the vouchers may be redacted to prolect propriclary information and/or icgally privileged  communications between the' Town oflicials and thc consultants.  2. Incurring of Charges  The' Town Board shall revicw and audit all such vouchers and shall approve payment of only such professional and consultant charges as are reasonable in amount and necessarily incurred by the" Town inc connection with the revicw and consideration of the applications. A charge or part thercofi is reasonable! in amount ifill bears a reasonable relationship lo the average charge by consultanis lo the Town for services performed inc conncction with thc review ofas similar application. A charge or part thercofis necessarily incurred ifi il was charged by the consultant for: a servicc which was rendered in order toj proteci or promolc the health, safety or other vital interesis of the residents of the" Town,  and/or I0 protcct public or privatc properiy from damage.  3. Payment to' Town Only  Inr no event shall an applicant makc direct payment to any Town consultant.  4. Return of Unused Escrow! Funds  Afler the reviewing board has rendered its decision on an application, or upon the withdrawal of an application by thc applicant, the remaining balance oft the deposit in exccss of: aclual incurred costs, if any, shall be returned tot the upplicant without payment ofi interest within 60 days of the date of thc  3    decision or date oft thc withdrawal. The' Town will also provide a: stalement of the costs paid from thc  cscrow account. Scclion G. 1.  Failure to Comply Suspension of Revicw  In the cvent the applicant fails lo deposit ort timcly pay the requested profcssional and consultant revicw cosis with the Town, any application revicw, approval, permit or certificates of occupancy shall be withheld or suspended by thc revicwing board, officer or employce of the' Town until  such monics arc deposited or paid in full with the Town Clerk.  2.  Liability of Applicant  The owner(s) of the subjecl real properiy, if different from thc applicant, shall be jointly and severally responsible to reimburse the' Town of Henrictta for costs assuciated with professional and consultant revicw pursuant IO this Chapler. In order for an application to bc complctc, the applican! shall provide the wrillen consent of: all owners of the subjccl rcal property, authorizing the applicant lo filc and pursuc land development proposals and acknowledging potential landowner responsibility, under this article, for cnginccring, legal and other consulting [ces  incurred by the" Town for the revicw of the application,  3.  Failure to Rcimburse  In the cvent of failure to reimbursc the Town for such fccs, the following shall apply:  The" Town may seck recovery of unrcimbursed cngineering, legal and other consulting fces by action venucd ini a court of appropriate jurisdiction, and the defendants shall bc responsible for thc reasonable and necessary attorney's fees b. Allernatively, and at thc solc discretion of thc Town Board, a default in rcimbursement ofs such engincering, Iegal, professional and consulling fees expended by the Town shall bc remedicd by charging such sums agains! the real property whichi is thc subjcci of the land development application, by adding that charge l0, and making it: a pari of, thc next annual real property lax assessment roll of the" Town. Such charges shall bc levicd and collected al the samc time und in the Same manner as' Town-assessed laxes and shall he applicd in reimbursing the fund from which the costs for the cngincering, legal, professional and consulting fces werc defrayed. Prior to charging such assessmenis, thc owners of the real properly shall bc provided wrillen notice lo their last known address of record, by certilied mail, return reccipt requested, of: an opportunity 10 be heard and objcct before the Town Board to thc proposed real properiy assessment, at a dalc t0 be designated in the notice, which shall be no less (han 15 days after its  expended by the Town in proscculing such action.  mailing.  4    Section H.  Validity and Severability  Should any word, section, clausc, paragraph, sentence, pari or provision of this local law bc declared invalid by a Court of compctent jurisdiction, such detcrmination shall not affcct the validity of: any other  pari hercof. Scction I,  Repcal, Amendmentand: Supersession of Oiher Laws  All ather ordinances or local laws of the" Town of Henrictta which are in conflict with thc provisions of this local law are hereby Superseded or repealed to the extenl nccessary lo give this local law force and  cffcct duringi its cffcctive period.  Scction J.  Effcctive Date  This Local Law will takc cffect upon filing in the office oft the New York State Sccretary of State.  5